Defamation (Amendment) Bill 2024: Committee Stage (Resumed)
Seanad Éireann — 2025-11-12
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Sharon Keogan (IND), Industrial and Commercial Panel

I have tabled amendment No. 10b to introduce reasonable caps on damages awarded in defamation actions before the High Court. To say something very simple, justice should be fair, proportionate and predictable. This is not a radical idea but the foundation of any functioning legal system. When it comes to defamation laws in Ireland, we are falling short of that standard. At present, there is no statutory cap on general damages in High Court defamation cases. This means a jury or a judge can award any amount they see fit with very little guidance. We have seen the consequences of this. We have seen awards that are wildly inconsistent. They are sometimes eye-wateringly high and often completely disproportionate to the actual harm suffered.
Let me give a hypothetical example. Let us imagine a well-known figure who sues a local blogger for defamation. The blogger has a modest following, no legal team and limited resources. The case goes to court and the plaintiff is awarded €500,000 in damages, more than the blogger can earn in a decade. That is not justice but financial annihilation. Let us be honest. These kinds of awards do not just punish the defendant; they force most people to ask themselves whether they want to speak out and if it is really worth the risk. Even when a remote risk is potentially six-figures, the answer is invariably “No”. This is the chilling effect we keep talking about and it is what this amendment seeks to address.
Under amendment No. 10b, I propose that general damages, those for injury to reputation and so on, be capped at €250,000 and that the total award, including aggravating and exemplary damages, be capped at €400,000. These are still substantial figures. They still allow for meaningful redress, but also introduce clarity, consistency and restraint. Importantly, this amendment does not affect special damages, those that represent actual financial loss. If somebody can prove they have lost income, contracts or opportunities because of a defamatory statement, they can still be fully compensated. This is fair and just. To ensure flexibility, the amendment allows the Minister to adjust these caps over time with reference to inflation and broader legal trends. We are not locking ourselves into a fixed figure forever. We are simply setting a reasonable benchmark.
I know some will argue that this interferes with judicial discretion, but is it really discretion when there are no boundaries? Is it really justice when cases can result in wildly different awards?
Other areas of law, personal injuries, for example, have caps and guidelines. Why should defamation be an exception? We must also consider the broader impact on our courts. Excessive awards encourage more litigation, incentivise speculative claims and undermine public confidence in the fairness of our laws. They also clog up our already overburdened system. In fact, we have to seriously consider the fact that Ireland has become a prime destination for defamation tourism. Wealthy international figures and corporations deliberately look for ways to ensure they can take their defamation cases in Ireland, further burdening and distorting our legal system and case law.
This amendment is not about protecting defendants at the expense of plaintiffs; it is about restoring balance, predictability and stability. It is about ensuring that defamation laws serve their true purpose, to vindicate reputations, not to destroy lives. I urge all my colleagues to support this amendment. Let us bring defamation laws into line with best practice. Let us ensure that damages are fair, proportionate and rooted in reality.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-11-12/debate/main
Retrieved: 2026-08-14T04:54:18+00:00
Sitting date: 2025-11-12